#delhi high court petition

[thetaxguyin]

The Delhi High Court has shed light on the extended review period for Income-Tax (I-T) assessments

In a landmark ruling, the Delhi High Court has shed light on the extended review period for Income-Tax (I-T) assessments, offering clarity to taxpayers and practitioners alike. Justices Rajiv Shakdher and Girish Kathpalia emphasized that the 10-year review period applies only in cases where the estimated undisclosed income exceeds Rs 50 lakh. They clarified that in “normal cases,” no notice…

[metamatar]

October 10, 2022

Amit Kumar had everything going for him. After graduating in engineering and landing a decent job, Amit wanted to settle down with his childhood sweetheart Renu. The couple had known each other since Class IX and dreamt of a life together. The only difficulty was that Renu belonged to a Brahmin family and Amit was a Dalit.

With their homes barely a kilometre apart in Garhwa district of Jharkhand, Renu knew her family would never approve of the match. The couple decided to run away and tie the knot in another State. And thus began their tale of unending harassment and tragedy.

The couple married at a temple in Dehradun and got their marriage registered there. They had just about settled down at Paonta Sahib in Himachal Pradesh when, in a midnight raid, the Uttar Pradesh police took away Renu, claiming that she had been abducted. Amit and Renu have not seen or spoken to each other since that fateful night of August 13, 2021.

Amit’s life has been a quagmire of legal battles and dismissed habeas corpus petitions since then. “I fear my wife is no more,” he told The Hindu.

Activists say such tragic situations can be avoided if couples like Amit and Renu are provided safe houses and special protection by the State governments as mandated by the Supreme Court.

According to data from the National Crime Records Bureau (NCRB), the number of “honour killings” in the country was 24, 25 and 33 in 2019, 2020 and 2021, respectively. Punjab, Madhya Pradesh and Jharkhand topped the list in 2021 and 2020, while Manipur was on top in 2019.

The government in 2021 informed Parliament that there were 145 “honour killing” incidents in the country between 2017 and 2019.

Interestingly, though the NCRB report attributed only 25 deaths to “honour killings” in 2020, it said there were 27 deaths due to casteism and 1,558 due to “illicit relationship”. Similarly, in 2021, 33 deaths were listed under “honour killings”, but 1,544 and 1,532 under “illicit relationship” and “love affairs”, respectively.

So far, only Delhi, Haryana and Punjab have safe houses for inter-faith and inter-religious couples. Kerala has only announced the setting up of a safe house.

In fact, only 21 States have said that they have complied with the Supreme Court directives, which means that they have asked the police officers concerned of a State for strict compliance, according to Dhanak for Humanity, a non-governmental organisation which works with such couples, helping them solemnise their marriages and providing legal support.

The Supreme Court had in 2018 directed that safe houses be set up in every district as well as a special cell in States for couples facing opposition from families and community.

Gaurav Yadav, an engineer from IIT Chennai, said he was working with survivors of “honour crimes” and couples who are in hiding to petition the government for more safe houses across the country.

“Soon we will form an official grouping and petition the government to follow the Supreme Court directives on safe houses and special cells,” Mr. Yadav said, adding that he had organised a convention regarding the same in Delhi recently.

He said though couples had been demanding that safe houses be set up, the State administrations had looked the other way.

An example is of Ravikant Chandrawanshi and Alisha, who had a harrowing time getting married under the Special Marriage Act in Chhattisgarh.

The inter-faith couple at first decided to elope and marry in Bilaspur. However, a lack of support system and security, including finances, saw them return home in Kawardha within four days.

“As my wife’s family were well to do and politically connected, they kept up the pressure on us. Finally, we had to take legal recourse and approached the High Court asking them to direct the State administration to provide the mandated safe house and police protection.

“However, we were informed that there was no safe house and Alisha had to go to a sakhi centre or a women’s safe house,” Mr. Chandravanshi said.

Though the couple approached the highest of authorities, they were not given any police protection either and had to go into hiding for around six months after their marriage.

According to Asif Iqbal of Dhanak for Humanity, most States send the girl to a Nari Niketan after couples approach them. “It is here that the girl is the most insecure as her family mostly approaches her and puts pressure to go back. Many a time, this also leads to what is known as honour killing of the girl”.

Sanjay Sachadev of Love Commandoes, an organisation which rescues and shelters such couples, said, “The need of the hour is safe houses across the country. In almost every case, the police try and send the girl to a women’s shelter and the boy is left to fend for himself.”

A couple who are staying in a Delhi safe house and did not wish to be identified said that they could not have thought of living together had it not been for the security of the safe house.

Mr. Iqbal, whose organisation has helped many couples seek legal recourse to stay together and get married, said that of the distress calls he receives, the most were from Uttar Pradesh, Maharashtra and Rajasthan.

[seemabhatnagar]

"Mutual Consent Divorce: Maintenance Waivers and Legal Implications"

Gaurav Mehta v. Anamika Chopra

Crl. Revision 4152/2023 filed by the husband

&

Crl. Revision 4452/2023 filed by wife for enhancement of maintenance

Before the High Court of Allahabad

Heard by the Bench of Hon’ble Mr. Justice Vipin Chandra Dixit J

Order: Crl. Revision filed by the revisionist husband Gaurav Chopra was allowed as the respondent-wife had already waived off her right to claim maintenance at the time of divorce.

Crl. Revision of the Wife was dismissed.

Background

This is a case where Divorce based on mutual consent was allowed by the Family Court between the parties.

Fact

The marriage between the parties was solemnized in February 2004 according to Hindu rites and customs. A son out of wedlock was born in December 2004. Things were all well till August 2006 & thereafter due to differences between them, they started living separately.

Both parties filed divorce by mutual consent u/s 13B (1) of the Hindu Marriage Act before the District Judge, New Delhi.

Out of all the terms and conditions of divorce by mutual consent one of the Terms was that the wife will not claim any amount of money by way of stridhan, maintenance, compensation, damages, etc. (past, present, and future) from her husband.

It was also agreed between the parties that the son, shall remain in the custody of his mother till he attains the age of majority.

The husband was given visitation rights to visit and meet his son once a month.

The divorce petition was decreed in August 2007 on the terms and conditions agreed between the parties.

After six years of divorce, a maintenance petition was filed by the son through her mother in the court of Principal Judge, Family Court, Gautam Buddh Nagar in the year 2013.

The maintenance petition was allowed by the Family Court in November 2019 granting maintenance in favor of the son at the rate of Rs.15,000/- per month from the date of filing the petition the father used to pay the same to his son.

The wife also filed an application before the Family Court claiming 25% of the income of the husband as maintenance in February 2020.

The wife also moved an application in August 2020 claiming interim maintenance @ Rs. 50,000/ per month.

Submission of the Husband

The husband objected pleading that the divorce petition was decreed with mutual consent and the wife had agreed that she would not claim any amount towards stridhan, maintenance, compensation damages, etc.

The Family Court allowed the application of interim maintenance awarding Rs. 25,000/- to the wife.

Submission of the wife in person

She is facing acute hardship.

The son is studying in Toronto Canada.

So long she was able to manage the expenses she didn’t claim. Now she is unable to as such she has filed a maintenance petition and the Family Court has allowed a very meager amount of Rs.25,000/-

Law

Once the wife waives her right to maintenance from her husband at the time of divorce and the divorce decree was passed on the terms and conditions of the agreement, it is not open to the wife to claim maintenance from her husband in the future.

Section 125(4) Cr.P.C. also provides that no wife shall be entitled to receive the allowance for maintenance from her husband if she is living separately by mutual consent.

Observation of the Court

The wife has waived off her right to claim maintenance by filing an affidavit in the divorce petition as such the Revision petition filed by the wife claiming maintenance, itself is not maintainable and the Family Court has committed gross illegality in granting interim maintenance @ Rs. 25,000/- per month to the wife.

Seema Bhatnagar

[supremelaw]

Supreme Court Lawyers in Delhi: The Expertise & Excellence of 4C SupremeLaw

The Supreme Court of India is the highest court in the complex and dynamic legal system of the country. It is crucial to have a seasoned and knowledgeable legal representation at this level for constitutional issues, well-known cases, or important legal interpretations. 4C SupremeLaw stands out as a top option for clients looking for unmatched success and competence while looking for Supreme Court Lawyers in Delhi. The legal experts on their team are renowned for their dedication, breadth of knowledge, and in-depth comprehension of the operations of the Supreme Court.

As one of the top Supreme Court attorneys in Delhi, 4C SupremeLaw has built a stellar reputation by managing precedent-setting matters with unparalleled success. This post will discuss 4C SupremeLaw's services, the value of selecting knowledgeable legal representation for Supreme Court cases, and the factors that set them apart from the competition for clients in need of specialized legal help.

Why Expertise in Supreme Court Matters?

The Indian Supreme Court is not any old court. It is the nation's highest court and has the ability to hear appeals from subordinate courts, enforce fundamental rights, and interpret the Constitution. It handles significant national matters and establishes precedents that have an impact on the entire nation. Choosing knowledgeable attorneys for the Supreme Court in Delhi is essential for the following main reasons:

1. Complex Legal Issues

High-stakes lawsuits, constitutional disputes, and complicated legal concerns are frequently included in Supreme Court rulings. Attorneys must possess a thorough comprehension of Indian law, case law, and constitutional requirements. They are able to handle these intricacies with ease thanks to the experience that 4C SupremeLaw provides. 2. Recognizing Supreme Court Operating Procedures The Supreme Court follows unique and complicated procedures. Attorneys need to be well-versed in creating petitions, presenting cases, and adhering to the necessary procedures. 4C With years of experience managing these processes, SupremeLaw guarantees that each case is presented in the most favorable light possible.

3. Strategic Litigation Approach

Supreme Court matters frequently need for a calculated strategy. Legal arguments need to be supported by strong evidence, logical reasoning, and in-depth knowledge of prior rulings. Strategic litigation planning, which is designed to increase the likelihood of winning, is what 4C SupremeLaw is renowned for.

4. Serious Matters

Significant stakes are involved in many Supreme Court decisions, including corporate conflicts, situations involving national interest, and cases involving infringement of fundamental rights. In these situations, a decision's ramifications may be extensive. Selecting the top Supreme Court attorneys in Delhi, such as those at 4C SupremeLaw, guarantees that your case will be handled with the highest level of care and accuracy.

What Sets 4C SupremeLaw Apart?

1. Proven Track Record of Success

4C SupremeLaw has a track record of success before the Supreme Court, having won numerous well-known cases. Their attorneys have been involved in important rulings that have influenced Indian law. Meticulous preparation, in-depth legal knowledge, and an unwavering dedication to their clients are the cornerstones of their success.

2. Legal Expert Team

The team at 4C SupremeLaw is made up of some of Lawyers For Supreme Court in Delhi, each with a focus on a distinct area of the law. They have specialists for every kind of issue, including criminal defense, public interest litigation, corporate disputes, and constitutional law. Their cooperative strategy guarantees that clients receive a wide spectrum of legal skills.

3. Client-Centric Approach

The clients at 4C SupremeLaw are the center of all they do. They are committed to offering each client individualized legal solutions that are catered to their unique circumstances. They collaborate closely with their clients to comprehend their objectives, offer lucid legal counsel, and mentor them through each stage of the legal process—from the first meeting to the settlement. 4. Constitutional Law Expertise It is crucial to have a thorough understanding of constitutional law because the Supreme Court is frequently asked to interpret constitutional clauses. 4C SupremeLaw's attorneys routinely handle matters that either defend or challenge constitutional rights, and the firm is well-known for its competence in this area.

5. Ethical and Professional Integrity

At 4C SupremeLaw, professionalism and integrity are fundamental to our work. They maintain the greatest ethical standards, making certain that each case is handled with openness, truthfulness, and a dedication to justice. They have gained the respect and trust of both peers and clients thanks to their moral foundation.

Types of Cases Handled by 4C SupremeLaw

4C SupremeLaw offers clients full legal service by handling a broad range of legal concerns. Among the crucial areas of practice are:

1. Constitutional Matters

4C SupremeLaw possesses vast expertise in managing constitutional disputes, encompassing issues pertaining to essential rights, construing constitutional clauses, and public interest litigation. They are among the top Supreme Court attorneys in Delhi for constitutional matters due to their proficiency in this field.

2. Corporate and Commercial Disputes

4C SupremeLaw offers knowledgeable legal counsel to companies engaged in significant business conflicts. Their group of business attorneys has successfully argued cases before the Supreme Court pertaining to shareholder concerns, contract disputes, and mergers and acquisitions. 3. Appeals for Criminal Cases 4C SupremeLaw is renowned for its superb work in the field of criminal law, especially when it comes to managing Supreme Court appeals. They have a proven track record of successfully defending clients in criminal appeals, guaranteeing the highest caliber of justice.

4. Civil Litigation

The staff at 4C SupremeLaw handles civil cases, such as property disputes, inheritance lawsuits, and family law concerns, with accuracy and care. Clients are guaranteed to obtain professional advice and representation thanks to their experience in civil litigation. 5. PILs, or public interest litigation Suing for the public interest is essential to keeping the government responsible and defending citizens' rights. 4C SupremeLaw has participated in a number of PILs that have protected public rights and brought about important legal improvements.

How to Choose the Best Lawyers for Supreme Court in Delhi

When looking for lawyers for Supreme Court in Delhi, there are several factors to consider:

1. Experience and Expertise

Lawyers with specialized experience and in-depth legal understanding are needed for Supreme Court issues. Selecting a legal practice that has experience with managing situations comparable to yours is crucial. 2. Image The standing of an attorney says a lot about their competence. Given their track record of accomplishment, moral standards, and dedication to their clients, 4C SupremeLaw is regarded as one of the top Supreme Court attorneys in Delhi. 3. Tailored Legal Assistance Since every case is different, legal tactics must be customized to the particulars. 4C SupremeLaw guarantees the best possible result for its clients by offering individualized legal solutions.

4. Transparency and Communication

In legal matters, transparency and clear communication are essential. At every stage of the litigation, clients should have faith that their attorneys are keeping them informed. 4C SupremeLaw is exceptional at keeping lines of communication open and making sure that clients are always informed about the status of their case.

Why 4C SupremeLaw is the Best Choice for Supreme Court Matters

Selecting 4C SupremeLaw necessitates selecting a legal practice that combines knowledge, proficiency, and a client-focused philosophy. They stand out as one of the top Supreme Court lawyers in Delhi because of their thorough knowledge of the Court's operations, dedication to moral behavior, and skillful lawsuit.

4C SupremeLaw provides legal knowledge essential to successfully negotiate details of the Supreme Court, whether you are dealing with a criminal appeal, a community conflict, or a constitutional challenge. Because of their team's skill and accuracy in handling high-stakes matters, clients are guaranteed to obtain the best legal depiction available.

Conclusion

Having the proper legal representation is essential when handling cases at the highest judicial level. With a staff of seasoned and exceptionally talented attorneys, 4C SupremeLaw provides complete legal support for issues before the Indian Supreme Court. Being among the best supreme court lawyers in Delhi, they offer their clients individualized attention, strategic litigation, and experienced guidance to guarantee that their legal issues are successfully and professionally addressed. Go no farther than 4C SupremeLaw if you require knowledgeable lawyers for the Supreme Court in Delhi. They are the go-to option for anyone looking for the best legal representation possible at the Supreme Court because of their outstanding record, unrivaled legal knowledge, and client-centered services.

[a2zsportsnews]

Delhi High Court Seeks NADA's Stand On Wrestler Bajrang Punia's Plea Against Suspension

The Delhi High Court on Wednesday sought the National Anti-Doping Agency’s (NADA) stand on a petition filed by wrestler Bajrang Punia challenging his suspension. As the senior counsel appearing for the athlete pressed for an interim relief while citing the upcoming Senior World Wrestling Championships in Albania, the court said no formal application has been filed for the same. Justice Sanjeev…

[taaza-khabar]

Is there a possibility of Arvind Kejriwal being granted bail in the Delhi excise policy case? Supreme Court ruling attracting major attention today: 10 key points

Arvind Kejriwal has moved the Supreme Court against the Delhi high court’s August 5 decision which upheld his arrest in the Delhi excise policy case. Arvind Kejrwal bail plea hearing: The Supreme Court is set to deliver on Friday, September 13, its verdict on Delhi chief minister Arvind Kejriwal’s petitions seeking bail and challenging his arrest by the Central Bureau of Investigation in the…

[tfgadgets]

Tharoor seeks urgent SC hearing on defamation case for remarks against PM

Congress MP Shashi Tharoor. | Photo Credit: PTI Congress MP Shashi Tharoor on Monday (September 9, 2024) sought an urgent hearing in the Supreme Court on his plea against a Delhi High Court verdict refusing to quash defamation proceedings against him on a complaint over his alleged “scorpion on Shivling” remarks targeting Prime Minister Narendra Modi. A lawyer mentioned the petition for urgent…

[dailyreportonline]

Delhi High Court Orders Removal of Scam Sites Impersonating Crypto Firm Mudrex | Daily Reports Online

The Delhi High Court, in a judgment passed on August 23, has ordered the Ministry of Communitions to remove 38 websites impersonating an Indian crypto investment firm within a week’s time. Last week, Mudrex filed a petition with the Delhi High Court seeking action against fraudulent websites after its users reported falling victim to scams. The development comes against the backdrop of a rapid…

[chambersofvivekkumartandon]

Legal Strategies for Custody Petitions and Maintenance Claims: A Dual Approach

Custody of a child during a separation can be an emotional and complex process, and managing finances properly after the decision requires careful professional guidance. Understanding the different legal strategies for custody and support is crucial for securing the child's future and, in some cases, older parents. Legal planning ensures the child's needs are met and provides a stable, supportive environment.

For older parents, legal steps can protect their financial and emotional health. Handling these strategies carefully can avoid conflicts and ensure everyone's rights and duties are clear. This guide will explore how to handle these disputes' personal and financial sides, providing helpful advice for anyone dealing with these challenging legal problems.

The Dual Nature of Legal Proceedings for Custody and Maintenance

Legal disputes over custody and maintenance often involve sensitive issues that require legal knowledge and understanding of personal relationships. For instance, in the case of Vineeta Sharma v. Rakesh Sharma (2020), Vineeta Sharma sought custody and maintenance for her children from her estranged husband, Rakesh Sharma, arguing that he had failed to provide financial support. The Supreme Court ruled in favour of Vineeta Sharma, affirming her right to custody as the children's primary caregiver. Additionally, the court mandated that Rakesh Sharma provide sufficient financial support to ensure the children’s proper upbringing. To handle these cases effectively, it's essential to consult a reliable civil advocate in Delhi who is skilled at managing complicated family matters.

Strategising Custody: Beyond Legal Expertise

In custody disputes, the primary goal is to prioritise the child's best interests. Some of the significant criteria in child custody are as follows-

Best Interests of the Child: The primary focus is ensuring that the custody arrangement promotes the child's overall well-being, including emotional and physical stability.

Parental Fitness: Courts evaluate each parent’s ability to provide a safe, stable, and nurturing environment, considering their past behaviour and current capability.

Parent-Child Relationship: The quality and strength of the bond between the child and each parent are assessed to determine who can best meet the child's needs.

Here, the skills of a reliable civil lawyer in Delhi are crucial, combining comprehensive legal knowledge with strategic case presentation.

Maintenance Claims: Ensuring Financial Support

Maintenance claims aim to establish not just a need for financial support but also the financial obligations of the opposing party. Employing a criminal lawyer Delhi High Court with experience in these matters can significantly impact the outcome. These experts are great at making strong, convincing arguments that cover both the claimant's financial needs and the defendant's legal duties to reach a fair outcome. These legal experts bring specialised knowledge and experience to develop robust strategies tailored to each unique case. Their expertise significantly enhances the chances of achieving a favourable outcome.

Final remarks

Handling custody and maintenance disputes requires legal knowledge and understanding of personal situations. Focusing on what’s best for the child, checking each parent’s ability to care for them, and looking at the bond between parent and child helps in custody cases. Getting help from experienced lawyers ensures financial support is properly set for maintenance. If you are also dealing with such a situation, you can rely on the Chambers of Vivek Kumar Tandon. This firm has a team of the best civil lawyers in Delhi. With a clear understanding and deep involvement for each client, they assure you you will get the best verdict for maintenance and custody cases.

[uniqueeval]

Decide on plea against exclusion of penal provision for unnatural sex offence in BNS, HC tells Centre

A view of Delhi High Court, in New Delhi. | Photo Credit: SUSHIL KUMAR VERMA The Delhi High Court on Wednesday (August 28, 2024) asked the Centre to treat as representation a petition against the exclusion of penal provisions for the offences of unnatural sex and sodomy from the Bhartiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code. The court asked the Central government to…

[rightnewshindi]

कांग्रेस ने खटखटाया दिल्ली हाई कोर्ट का दरवाजा, जानें किस मामले में दायर की याचिका

कांग्रेस ने खटखटाया दिल्ली हाई कोर्ट का दरवाजा, जानें किस मामले में दायर की याचिका

Congress News: देश की मुख्य विपक्षी पार्टी कांग्रेस ने एक बार फिर दिल्ली हाई कोर्ट का रुख किया है। इस बार आयकर विभाग द्वारा कांग्रेस पार्टी के खिलाफ तीन साल की मूल्यांकन कार्यवाही शुरू करने के आदेश के खिलाफ हाई कोर्ट का दरवाजा खटखटाया गया है। कार्यवाहक मुख्य न्यायाधीश मनमोहन की अगुवाई वाली पीठ के समक्ष वकील प्रसन्ना एस ने कांग्रेस पार्टी की याचिका का उल्लेख किया और कहा कि आयकर विभाग ने पिछले तीन…

[seemabhatnagar]

The Case of the Missing TDS: A Story of Tax Evasion and Justice

Harshdip Singh Dhillon v. Union of India Through Commissioner of Income Tax TDS

WP©10828/2019

Before Delhi High Court

The bench of Hon’ble Mr. Justice Girish Kathpalia & Hon’ble Mt. Justice Rajiv Shakdher allowed the Writ and set aside the demand notice dated 04.02.2019.

The Respondent were directed to allow credit of TDS deducted by his employer for the Assessment Year 2013-14 to the petitioner vide judgment dt. 04.01.2024.

Background

The petitioner-Harshdip Singh Dhillon has prayed for setting aside demand letter dated 04.02.2019 qua outstanding tax liability pertaining to the Assessment Year 2013-14 and for allowing credit to the petitioner against the Tax Deducted at Source (TDS) for the assessment year 2013-14 by his employer.

Respondent entered appearance through counsel and filed counter affidavit.

Facts

The petitioner was employed with Tulip Telecom Ltd. as Associate Vice-President during the period November 2011 to May 2013 and he resigned from service on 07.05.2013 with effect from 09.05.2013.

For assessment years 2011-12 and 2012-13, the employer of the petitioner deducted Tax at Source (TAS) on the salaries paid to petitioner but the deducted tax pertaining to the assessment year 2012-13 was not deposited by the employer with the Income Tax authorities.

The employer of petitioner also failed to issue the requisite TDS certificate, so the petitioner informed the concerned Income Tax Officials about the default, but no action was taken.

The petitioner filed a petition seeking winding up of the employer company by way of Company Petition under Section 433(e)&(f) read with Section 434 of the Companies Act, in which liquidator was appointed.

Instead of granting credit of the TDS pertaining to the assessment year 2012-13, the respondent issued intimation dated 03.12.2015, thereby raising demand of Rs.15,77,240/- against the petitioner towards outstanding tax liability.

The petitioner made various representations to the respondent/revenue informing them about the defaults on the part of his employer. Ultimately, the respondent/revenue issued the impugned demand notice dated 04.02.2019, thereby again raising a tax demand of Rs.15,36,220/- against the petitioner. Since the respondent/revenue did not clarify the situation despite being approached by the petitioner, the present petition was filed.

Submission of the Respondent

The respondent/revenue in its counter affidavit did not dispute that the petitioner had received salary after deduction of tax.

The amount due to the petitioner towards salary for the months of December 2012, January 2013 and March 2013 was not actually paid to the petitioner by his employer, so the employer had no obligation to deduct tax at source and consequently the respondent/revenue is under no obligation to allow credit of the same.

Issue

Whether any recovery towards the outstanding tax demand can be effected against the petitioner in view of the admitted position that the tax payable on his salary was being regularly deducted at source by his employer who did not deposit the same with the authorities.

Observation of Court

Since the petitioner accepted salary after deduction of income tax at source, it is his employer who is liable to deposit the same with the revenue authorities and on this count, the petitioner cannot be burdened.

We find no substantial question of law to be considered by us in this appeal.

Seema Bhatnagar

[tfgadgets]

No Court Relief For Ex-Wrestling Chief Brij Bhushan In Sex Harassment Case

New Delhi: The Delhi High Court has refused to provide any relief to former Wrestling Federation of India president Brij Bhushan Sharan Singh. The court has asked Singh’s lawyer to submit a short note with all his contentions for quashing the case against him. Singh’s petition seeks to contest the continuation of these proceedings against him. He faces charges of sexual harassment and outraging…

[legalwires]

Rahul Gandhi's Citizenship Challenged: Subramanian Swamy's Petition in Delhi HC

In a fresh legal challenge, Bharatiya Janata Party (BJP) leader Subramanian Swamy has intensified his allegations against Congress leader Rahul Gandhi by filing a petition in the Delhi High Court. The crux of Swamy’s petition revolves around the contentious issue of Gandhi’s citizenship, which, if substantiated, could have profound legal implications. Swamy’s complaint, previously lodged with the…

[bhaskarlive]

Excise case: Supreme Court to hear Delhi CM Kejriwal’s bail plea today

The Supreme Court will on Wednesday hear a plea filed by Delhi Chief Minister Arvind Kejriwal seeking release from jail in connection with the Delhi excise policy case, in which he is under investigation by the Central Bureau of Investigation (CBI).

A bench of justices Surya Kant and Ujjal Bhuyan will take up Kejriwal’s two petitions, which have separately challenged the August 5 decision of the Delhi High Court affirming his arrest and denying him bail.

Source: bhaskarlive.in

[seemabhatnagar]

Business Visa is not meant for collecting Funds

Randa Chehab v. Union of India & Others

WP © 1250/2023

Before Delhi High Court

The Writ was dismissed on 18.12.2023 by Hon’ble Mr. Justice Subramonium Prasad J as petitioner failed to establish violation of her right.

The petitioner a US citizen has challenged her deportation (before Delhi High Court) by the Bureau of Immigration from Trivandrum, Kerala Airport on 28.11.2022 as being arbitrary, unreasonable, illegal and unconstitutional.

Notice was issued to the Union of India on 01.02.2023.

Status Report was filed by the Counsel of Union of India.

The Status Report discloses that the Petitioner was issued the following visas by the Consulate General of India, San Francisco, i.e., T-1 Visa No. VK 0275900 valid from 31.03.2017 to 30.03.2027; and B-1 Visa No. VK 3934693 valid from 20.06.2019 to 19.06.2024.

The Petitioner again applied for a tourist visa on 15.12.2022 which was rejected as her name was found in the adverse/banned list entry of the Ministry of Home Affairs.

The Status Report revealed that the name of the Petitioner has been blacklisted at the behest of Foreigners Regional Registration Office (FRRO), Trivandrum as she was involved in public fund collection while visiting on a business visa which is not permitted.

It is stated that as of today there is an adverse entry report against the Petitioner.

General policy guideline to Indian Visa

When a person is granted a business visa, the purpose is to attend business meetings and technical meetings and funds cannot be collected for the said purpose.

Submission of the Counsel of the petitioner

The Petitioner has been involved in charitable activities and is collecting public funds for the purpose of a charity, and this cannot be said to be unlawful.

The Petitioner has rendered yeomen's services when cyclone Amphan in 2020 struck in eastern India and she has since been closely associated with various charitable activities.

In this backdrop, it is not wrong to collect funds.

Petitioner holds a valid tourist visa and as a tourist visa holder, she can be permitted to come to India.

Petitioner has come to India numerous times and the reason for blacklisting is completely arbitrary.

Submission of the Counsel of the State

Section 3 of the Foreigners Act gives the power to the Central Government to make provisions either generally or for all foreigners prohibiting, regulating or restricting the entry of foreigners into India or their departure from India.

Issue

Whether the violation of the conditions of the business visa can be a sufficient reason for deportation and blacklisting of the Petitioner?

Law

Collecting money ostensibly for charitable activity is not permitted when a foreigner comes to India on a business visa.

Since the Petitioner has admittedly acted contrary to what is permitted, the decision taken by the authorities to blacklist the Petitioner cannot be said to arbitrary and as such requiring any interference under Article 226 of the Constitution of India.

Observation of the Court

It is well settled that a Writ Court can exercise its jurisdiction under Article 226 of the Constitution of India only where there is a violation of a right.

In the absence of any right, a writ cannot be issued.

Since the Petitioner has not been able to establish violation of any rights granted to the Petitioner, this Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution of India to interfere with the decision taken by the authorities.

Order

Writ Petition is dismissed.

Seema Bhatnagar